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Johnson Winter & Slattery | Australia | 22 Sep 2021

Contracting out of class actions? Federal court says no in an Australian first

‘Class action waiver’ clauses are clauses under which a party waives their right to participate in a class action. Sometimes found in…
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Herbert Smith Freehills LLP | Australia | 22 Sep 2021

Insurer confirmed to have waived its rights goodbye

By a 2-1 majority, the Full Court of the Federal Court has upheld last year’s decision to treat an insurer’s confirmation of coverage as being…
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RK Dewan & Co | India | 24 Aug 2021

What is a ‘Patent Waiver’ Anyway? How is it relevant during COVID’1

The “patent waiver” is a proposal to waive certain provisions of the Trade-Related Aspects of Intellectual Property (TRIPS) Agreement for three years…
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White & Case LLP | Australia | 30 Jun 2021

Time-bar clause in construction contract defeated by estoppel

Estoppel and waiver are common arguments used to rebut the enforcement of time bar and notice provisions in construction contracts. However, these…
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Lexology PRO | Austria, European Union, United Kingdom | 7 Jun 2021

Facebook accepts €9.6 million fine for gun-jumping in Austria

Facebook has agreed to pay a €9.6 million fine for failing to notify its completed acquisition of Giphy to the Austrian Federal Competition Authority.
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Hogan Lovells | Global, USA | 11 May 2021

Biden Administration supports waiver of WTO IP rights for COVID-19: Next steps for innovators

On 5 May 2021, U.S. Trade Representative Katherine Tai announced that the Biden Administration would support India and South Africa’s request for a…
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Jones Day | USA | 8 Apr 2021

Conditional Offer to Abandon Claims Does Not Constitute Waiver to Assert

According to a recent district court opinion, a party may waive its right to assert infringement on claims that it voluntarily agrees to give up (e.g…
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Kilpatrick Townsend & Stockton LLP | USA | 26 Feb 2021

Ninth Circuit holds public injunctive relief may be pursued by an individual in arbitration, thereby enforcing arbitration agreement and class action waiver

Takeaway: One of the most effective tools for a business to reduce its exposure to class action litigation is to include compulsory arbitration…
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Hausfeld LLP | United Kingdom | 16 Feb 2021

‘Waiving’ Goodbye to Legal Professional Privilege

In Guest Supplies Intl Ltd v South Place Hotel Ltd and another [2020] EWHC 307 (QB), following an application for specific disclosure, Murray J held…
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Morrison & Foerster LLP | USA | 19 Jan 2021

Last Week in the Federal Circuit: Waiver and Constitutional Avoidance

The Federal Circuit issued just one precedential opinion last week. But it’s an interesting one: The Court exercised its discretion to reach (or…
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